Updates
DOL Proposes Revisions to Calculation of Regular Rate of Pay
March 29, 2019
The Fair Labor Standards Act requires employers to pay overtime to non-exempt employees for all hours worked over 40 in a workweek, calculated at one and one-half times their regular rate of pay. The Department of Labor has issued a proposed rule that revises the requirements regarding the regular rate of pay in order to better reflect the modern workplace.
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Employees as Volunteers
March 27, 2019
Employer engagement in community and civic matters often leads to questions about whether employee participation is considered job-related and thus compensable.
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DOL Issues New Opinion Letters
March 20, 2019
The Department of Labor’s Wage and Hour Division (WHD) has issued three new opinion letters on the following topics.
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An Employer’s Guide to March Madness
March 18, 2019
March Madness has descended upon employers everywhere. Yesterday was Selection Sunday for the NCAA Men’s Division I basketball tournament, and today, an estimated 40 million Americans will begin filling out their tournament brackets – many of them at work.
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Judge Reinstates EEO-1 Wage Data Reporting Requirement
March 7, 2019
On March 4, 2019, a federal court reinstated an Obama-administration rule requiring that private employers with 100 or more employees submit information on their workers’ wages and hours, broken down by race, sex, and ethnicity, to the U.S. Equal Employment Opportunity Commission.
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Child Labor Laws Making Headlines in 2019
March 1, 2019
While an Indiana lawmaker has made headlines as of late due to his push to repeal Indiana’s child labor laws, you may wonder, “Are child labor laws still an issue in this country?”
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Is “On-Call” On the Clock?
February 27, 2019
The general principle under the FLSA is that if an employee is “engaged to wait,” then that is considered compensable. However, if the employee is “waiting to become engaged,” that is non-compensable.
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Key Employment Issues Across Europe and Beyond
February 25, 2019
CMS presents the latest version of our international employment newsletter “On Your Radar”.
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Reporting Time Pay Required for Employees Who Call In To Determine If They Will Work An On-Call Shift
February 15, 2019
Employees scored another legal victory in a case that expands the scope of what it means to “report to work.”
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Fair Credit Reporting Act Litigation Increases
January 28, 2019
Although employment litigation overall has declined, largely due to low unemployment, litigation regarding the Fair Credit Reporting Act increased by 4% in 2018 compared to 2017.
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Illinois Supreme Court Case Recognizes Low Bar for Biometric Information Liability
January 25, 2019
In a decision issued late last week, the Illinois Supreme Court allowed a private citizen to sue a company for failing to provide written notice and obtain a signed release before collecting his fingerprint data in violation of the Biometric Information Privacy Act, even though he had no claim of actual injury or harm apart from the statutory violation itself.
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Complaints and Lawsuits Grind to a Halt as Shutdown Continues, Federal Court Funding About to Run Out
January 23, 2019
One less obvious impact of the shutdown is that federal administrative matters and court cases have begun to grind to a halt as federal agencies and courts begin to run out of funding.
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